Climate Injustice, Racial Capitalism, and the Contradictions of Property

This paper examines the legal constitution of racialized climate injustice. This paper examines the racialized dynamics of property in the context of climate change. It explores these examples: firstly, the failure of the international climate regime to contest unjust appropriation of the atmosphere by industrialized countries regarding historical emissions; secondly, the limitations of the "no harm" rule, which is effectively the internationalization of the domestic principles of the tort of nuisance, used to provide full compensation to the racialized harm caused by climate change; and thirdly, how international investment law is allowing fossil fuel companies to seek compensation if governmental actions in response to climate concern impact their investment or hoped for returns.